IZHAR alias KHANI and another vs STATE and another
This is a post-arrest bail petition filed under Section 497 of the Code of Criminal Procedure 1898 arising out of FIR No. 701 registered under Sections 392 and 411 of the Pakistan Penal Code 1860 at Police Station Muzaffarabad District Multan. The core legal question revolves around whether the petitioners are entitled to post-arrest bail where the FIR was lodged against unknown persons, identification parade yielded no specific role, and the petitioners are minors with no previous criminal record. The Lahore High Court held that the case of the petitioners calls for further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, noting their status as minors, lack of criminal record, inconsequential identification parade, and prolonged incarceration without trial progress. The petition was consequently allowed, and the petitioners were admitted to post-arrest bail.
- Whether post-arrest bail should be granted when an FIR is registered against unknown persons and identification parade fails to assign a specific role to the accused?
- Does the detention of minor petitioners without substantial progress in the trial warrant further inquiry into their guilt under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 392, Pakistan Penal Code 1860
- Section 411, Pakistan Penal Code 1860
ORDER
Through this petition under Section 497, Cr.P.C. petitioners Izhar alias Khani and Shehzad Abbas have sought post arrest bail in case FIR No, 701 dated 30.11.2016, in respect of offences under Sections 392 & 411, PPC, registered at Police Station, Muzaffarabad District Multan.
2. The crime report contains the allegation that on 28.11.2016 at about 9:00 a.m., three unknown accused persons waylaid the complainant's son namely Nasir aged 13-years and snatched motorcycle from him on gun point. Hence, this case was registered.
4. I have heard learned counsel for the petitioner, learned Deputy District Public Prosecutor appearing for the State assisted by learned counsel for the complainant and have perused the record with their able assistance.
5. Admittedly, this case was registered against three unknown accused persons and no feature of the accused persons has been mentioned in the crime report. The petitioners were implicated in this case on the basis of their alleged extra judicial confession made during the investigation of case FIR No, 26 dated 24.01.2017, in respect of offences under Sections 392 & 411, PPC registered at Police Station Qutabpur. They were sent to judicial lockup for test identification parade but nothing is available on record to show that during test identification parade any specific role was assigned to them. During investigation, the recovery of a motorcycle has been shown to be recovered at the instance of petitioner Izhar. It has been apprised by learned counsel for the petitioners the petitioners have been involved in ten other cases during their custody out of which the petitioners have been recommended to be discharged in four cases whereas they have already been granted post arrest bail by the learned Court below in five other cases. Both the petitioners are minor being less than the age of 18-years and they are previously non-convict and non-record holder. The petitioners are behind the bars since their arrest i,e, 07.02.2017 without substantial progress in the trial and their physical custody is no more required to the police for the purpose of investigation.
In these circumstances, the case of the petitioners calls for further inquiry into their guilt within the ambit of sub-section (2) of Section 497, Cr.P.C.
In view of above, the petition in hand is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs, 100,000/- (rupees one lac) each with one surety each in the like amount to the satisfaction of the trial Court.